Government Gazette Staatskoerant REPUBLIC OF SOUTH AFRICA REPUBLIEK VAN SUID-AFRIKA Vol. 572 Pretoria, 11 February Februarie 2013 No. 36152 N.B. The Government Printing Works will not be held responsible for the quality of Hard Copies or Electronic Files submitted for publication purposes AIDS HELPLINE: 0800-0123-22 Prevention is the cure 300493 A 36152 1
2 No. 36152 GOVERNMENT GAZETTE, 11 FEBRUARY 2013 IMPORTANT NOTICE The Government Printing Works will not be held responsible for faxed documents not received due to errors on the fax machine or faxes received which are unclear or incomplete. Please be advised that an OK slip, received from a fax machine, will not be accepted as proof that documents were received by the GPW for printing. If documents are faxed to the GPW it will be the sender s responsibility to phone and confirm that the documents were received in good order. Furthermore the Government Printing Works will also not be held responsible for cancellations and amendments which have not been done on original documents received from clients. No. CONTENTS INHOUD Page No. Gazette No. GENERAL NOTICE Labour, Department of General Notice 102 Labour Relations Act (66/1995): Bargaining Councils accredited to conduct Conciliations and Arbitrations, subject to conditions where applicable... 3 36152
STAATSKOERANT, 11 FEBRUARIE 2013 No. 36152 3 GENERAL NOTICE NOTICE 102 OF 2013 NOTICE OF JANUARY 2013 PLEASE FIND SET OUT BELOW A LIST OF BARGAINING COUNCILS AND STATUTORY COUNCILS THAT HAVE BEEN ACCREDITED BY THE CCMA IN TERMS OF THE PROVISIONS OF THE LABOUR RELATIONS ACT 66 OF 1995 (AS AMENDED) FOR CONCILIATION AND/ OR ARBITRATION AND/ OR PRE DISMISSAL ARBITRATIONS WITH THE TERMS OF ACCREDITATION ATTACHED FOR THE PERIOD 11 SEPTEMBER 2012 TO THE 30 NOVEMBER 2014. BARGAINING COUNCILS ACCREDITED TO CONDUCT CONCILIATIONS AND ARBITRATIONS, SUBJECT TO CONDITIONS WHERE APPLICABLE Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Natal) To be accredited for con and arb (including pre-dismissal arb) from 1 December 2012 until 30 November 2014, on condition that quality-control is to be effected by a part-time CCMA Senior Commissioner. THE AMENDMENT OF ACCREDITATION IN TERMS OF SECTION 129 OF THE LABOUR RELATIONS ACT 66 OF 1995, WITH THE SAME TERMS OF ACCREDITATION AS APPLICABLE AS ATTACHED South African Road Passenger Bargaining Council To be accredited for conciliations and arbitrations (including pre-dismissal arbitrations), for both party-party and nonparty disputes from 11 September 2012 until 31 March 2013.
4 No. 36152 GOVERNMENT GAZETTE, 11 FEBRUARY 2013 BARGAINING COUNCIL ACCREDITED TO CONDUCT CONCILIATIONS AND ARBITRATIONS (INCLUDING PRE-DISMISSAL ARBITRATIONS) Bargaining Council for the Hairdressing Trade, Cape Peninsula To be accredited for con and arb (including pre-dismissal arb) from 01 December 2012 until 30 November 2014. ACCREDITATION OF BARGAINING COUNCILS, TO CONDUCT CONCILIATIONS ONLY Bargaining Council for the Electrical Industry (Western Cape- Region D) To be accredited for conciliations only as from 1 December 2012 until 30 November 2013. BARGAINING COUNCIL NOT ACCREDITED Bargaining Council for the Laundry, Cleaning and Dyeing Industry (Western Cape) NONE.
STAATSKOERANT, 11 FEBRUARIE 2013 No. 36152 5 ERRATA AS CONTAINED IN THE GOVERNMENT GAZETTE NO. 35895 NOTICE 965 OF 2012, AND HEREWITH CORRECTED: Building Industry Bargaining Council (Southern and Eastern Cape) To be accredited for con and arb (including pre-dismissal arb) for Party- Party disputes only from 01 October 2012 until 31 March 2013, on condition that the panel and allocation of work represent the demographics of the country; that arbitrations emanating from this council will be heard by parttime CCMA Commissioners and that quality-control is to be effected by a parttime Senior Commissioner
6 No. 36152 GOVERNMENT GAZETTE, 11 FEBRUARY 2013 TERMS OF ACCREDITATION FOR CONCILIATION, ARBITRATION AND PRE- DISMISSAL ARBITRATION 1. SCOPE OF ACCREDITATION: Herewith categories of disputes for which councils are eligible to apply for accreditation. COUNCILS ARE ACCEDITED TO PERFORM THE FOLLOWING DISPUTE RESOLUTIONS FUNCTIONS: Unfair dismissal disputes Unfair Labour practice Mutual Interest disputes Interpretation of Collective Agreement disputes Essential Services disputes Pre-dismissal arbitrations Disputes about Interpretation and Application of Chapter 2 - Section 191 - Section 191 - Section 64 - Section 24 (1) - Section 74 - Section 188A - Section 9 COUNCILS MAY NOT SEEK ACCREDITATION FOR THE FOLLOWING DISPUTE RESOLUTION FUNCTIONS REGARDING DISPUTES OVER THE FOLLOWING (see FOOTNOTE 11 of SECTION 51): Organisational rights (sections 16, 21 and 22); Collective Agreements where the agreement does not provide for a dispute resolution procedure or the procedure is inoperative or any party frustrates the resolution of disputes (section 24(2) to (5)); Agency shops and closed shops (section 24(6) and (7) and section 26(11); Determinations made by the Minister in respect of proposals made by a Statutory Council (section 45); The interpretation and application of Collective Agreements of a Council whose registration has been cancelled (section 61(5) to (8)); Demarcation of sectors and areas of Councils (section 62); The Interpretation or application of Part C (Bargaining Councils), Part D (Bargaining Councils in the Public Service), Part E (Statutory Councils) and Part F (General Provisions concerning Councils) (Section 63); Picketing (section 69(8) to 10); Proposals which are the subject of joint-decision making in a workplace forum (section 86); Disclosure of information to workplace forums (section 89);
STAATSKOERANT, 11 FEBRUARIE 2013 No. 36152 7 Interpretation or Application of the provisions of Chapter 5 of the LRA which deals with workplace forums (section 94); Enforcement of the Collective Agreements by Bargaining Councils (section 33A) and; Enforcement of arbitration awards in terms of section 143. Only the Director of the CCMA, unless the power has been delegated to a CCMA Senior Commissioner may certify awards as if it were an order of the Labour Court; Facilitating mass retrenchment disputes section 189(A). 2. POWERS OF ACCREDITATION: Only those persons who are accredited by the CCMA, or are part-time commissioner appointed by the Governing Body of the Commission in the terms of section 117 (2) of the Labour Relations Act, may perform the accreditation functions of the council for the Council. The following provisions of the LRA, as amended apply to Councils accredited for conciliation and arbitration: (a) For the purpose of this paragraph any reference in Part C of Chapter VII of the LRA to: "Commission" must be read as a reference to the Council; "Commissioner" must be read as a reference to a conciliator or arbitrator appointed by the Council. "Director" must be read as a reference to the Secretary of the Council. (b) The provisions of the sections contained in Part C of Chapter VII (section 127(6)) of the LRA shall apply to the Council in the performance of its accredited functions subject to the Council's Constitution and/or Collective Agreements. For the purpose of this sub-paragraph the following applies: (i) The provisions of section 133 to 136; (ii) The provisions of section 138 to 142, S142A, S143, S144 and S145; (iii) The provisions of section 146 unless the Collective Agreement of the Council provides that the Arbitration Act, Act 42 of 1965 applies to any arbitration conducted under its accredited function and which Collective Agreement is binding on the parties to the disputes; and (iv) The provisions of section 148.
8 No. 36152 GOVERNMENT GAZETTE, 11 FEBRUARY 2013 3. EXTENSION OF ACCREDITATION: Despite the expiry of the period of accreditation as stated in the Certificate of Accreditation, the Council may continue to perform its accredited functions in respect of any dispute referred to it during the period of accreditation, but not yet resolved by the time the period expires, until the dispute is resolved either through conciliation or arbitration. 4. TRANSGRESSION OF TERMS OF ACCREDITATION: If the accredited Council fails to comply with the terms of accreditation, the Governing Body of the CCMA may revoke accreditation. In terms of section 130 of the LRA, as amended the Governing Body of the CCMA may withdraw accreditation after having given reasonable notice of withdrawal. 5. AMENDMENT OF ACCREDITATION: An Accredited Council may apply to the Governing Body of the CCMA in terms of section 129 of the LRA to amend its accreditation. Printed by and obtainable from the Government Printer, Bosman Street, Private Bag X85, Pretoria, 0001 Publications: Tel: (012) 334-4508, 334-4509, 334-4510 Advertisements: Tel: (012) 334-4673, 334-4674, 334-4504 Subscriptions: Tel: (012) 334-4735, 334-4736, 334-4737 Cape Town Branch: Tel: (021) 465-7531 Gedruk deur en verkrygbaar by die Staatsdrukker, Bosmanstraat, Privaatsak X85, Pretoria, 0001 Publikasies: Tel: (012) 334-4508, 334-4509, 334-4510 Advertensies: Tel: (012) 334-4673, 334-4674, 334-4504 Subskripsies: Tel: (012) 334-4735, 334-4736, 334-4737 Kaapstad-tak: Tel: (021) 465-7531 36152 1